Understanding the Statute of Limitations for Dental Malpractice Claims

You have limited time to file a dental malpractice case to recover damages. If you file your lawsuit even one day late, you can lose your right to get compensation.

Time is of the essence after suffering a dental injury. Contact a dental malpractice lawyer after a dental malpractice injury as soon as possible—make sure you file your claim in time.

What Is the Statue of Limitations for Dental Malpractice?

The statute of limitations is the legal term for the time limit for filing a legal action. For dental malpractice, this is the time limit to file a lawsuit against a dental professional.

For example, imagine someone suffered a dental injury on July 1, 2024. In a state with a two-year statute of limitations, they have to file a dental malpractice lawsuit by July 1, 2026. If they file the lawsuit on August 1, 2026, the court can dismiss the case, and they have no right to recover compensation.

Different types of legal actions have various statutes of limitation. In some states, the time limit for a claim against a negligent dentist is different than for a car accident lawsuit. There are also exceptions to time limits for late discovery, minor victims, and other limited situations.

How Long Is the Statute of Limitations for Dental Malpractice in My State?

The statute of limitations varies by state. In states like Kentucky, victims of dental malpractice only have one year from discovering the dental injury to file a lawsuit. Some states have as long as three years to file a dental malpractice lawsuit.

In most states, including Florida and Texas, the time limit is two years. But it’s important to talk to your lawyer. Make sure you’re not surprised by a different time limit. For example, New York State’s statute of limitations for dental malpractice is two and a half years.

Are There Exceptions to the Dental Malpractice Statute of Limitations?

Depending on the situation, some states have exceptions or different rules for the statute of limitations. The most common exceptions are for minors and late discovery of an injury. Minors may have more time to file a lawsuit because they are too young to understand their legal rights. People who don’t discover the cause of their injuries until later may also have an exception.

Many states also have a statute of repose. A statute of repose is another time limit to restrict the rights of someone who qualifies for an exception. For example, Pennsylvania has a statute of repose of seven years for personal injury claims. Even if you find out about a dental injury eight years after the treatment, the statute of repose could limit your legal options.

What Is the Time Limit if I Find Out About the Negligence Years Later?

Some states have a discovery rule for people who find out about negligent care months or years after treatment. In these situations, the statute of limitations doesn’t begin until you discover or should have discovered the injury.

For example, suppose a dentist misdiagnosed you and should have identified oral cancer. You wait two years before going to a new dentist. The new dentist diagnoses cancer and tells you it should have been identified by the prior dentist. You may be able to have more time to file a malpractice lawsuit because you could not have reasonably discovered the prior dentist’s negligent treatment.

What Is the Time Limit for a Child in a Dental Malpractice Case?

Minors can have different time limits for filing a medical malpractice claim. Children can suffer the same types of negligent dental care as adults. Children who suffer unnecessary dental injuries may have to live with the consequences for the rest of their lives.

It’s unfair to treat children the same as adults for civil lawsuits involving personal injury or malpractice. In most states, the clock for a dental malpractice case doesn’t start until the child reaches a certain age. The age to toll the statute varies by state. In many states, the statute of limitations begins to run when the child turns 18.

For example, say your five-year-old child goes to the dentist. The negligent dentist does a wisdom tooth extraction, and your child suffers permanent nerve damage. The time limit for filing a dental malpractice suit will depend on state law.

In California, the statute of limitations for most medical malpractice claims is two years. However, the time limit is different for minor victims of dental mistakes. For a minor injured by negligent dental care, the lawsuit must be filed within the later of:

• Three years from the date of the injury; or
• If the minor is under the age of six, before the child’s eighth birthday

If your child suffered a dental injury because of a negligent dental procedure, talk to your dental malpractice lawyer to find out how much time you have to file a lawsuit.

When Should I Call a Dental Malpractice Attorney?

Even if you know you were the victim of negligent dental care, you may put off calling a lawyer. You may worry about the cost or stress of a dental malpractice claim. But talking to a lawyer can put you at ease and help you get compensation for your injuries. They can explain your legal options and offer legal advice.

Most dental malpractice lawyers will offer a free case evaluation. They’ll take cases with a contingent fee agreement. You won’t have to pay anything upfront, and they will only get paid if you get money for your damages. Waiting too long could put your legal rights at risk. Contact an experienced dental malpractice lawyer as soon as possible.